Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a mentally retarded boy along with three other persons were allegedly tortured by police attached to the Mahawela police station. The policemen intended to implicate the boy in a theft case, which took place in a nearby village.
He was assaulted at the scene of his arrest and brutally beaten again by the policemen at their station. The victim sustained considerable injuries to his body.
Meanwhile, the police intimidated the victim visiting the Matale District Hospital where he was hospitalised and influenced the authorities there to discharge him before the completion of his treatment.
The other victims were also tortured during their arrest and currently remain detained at the Mahawela police station.
The AHRC is calling upon you to write letters to the relevant authorities in Sri Lanka, in particular the Inspector General of Police and the National Police Commission, urging them to take immediate disciplinary and legal action against the errant policemen of the Mahawela police station. The necessary compensation and arrangement of medical treatment for the victims must be met.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of victims: W.G. Mahesh Kumara Samaranayaka, a mentally retarded boy living in no. 147, Galaliyadda, Mhawela, Matale
Three other boys were also allegedly tortured and detained by the Mahawela police
Name of the accused: Police officers attached to the Mahawela police station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005
On 11 November 2005, W.G. Mahesh Kumara Samaranayaka who has been taking treatment from birth for his mental disability left his home for Yatawatta hospital to receive an injection. On his way he met three of his village friends and stopped a while to have a chat with them.
Suddenly three civil-dressed police officers bearing numbers 12862, 34897, R34311 came there and arrested them regarding a theft that took place in a nearby village. The persons denied the accusations of theft, stating that they were merely chatting and on theri way to the hospital. The policemen, ignoring any sort of justification for the victims’ gathering, assaulted all four boys with a pole and arrested them for connection with the theft.
On the same day, when the father of the victim heard that his son had been taken to the Mahawela police station, he rushed there and claimed that his son was innocent and was unable to commit such a crime due to his mental disability. But without listening to him, the policemen proceeded too beat the boy again in front of his father. Since the father could not bear to see his son treated in this manner, he rushed home and sent his wife (the mother of the victim) to the police station. She was able to convince the police of her son’s innocence and then only he (Mahesh Kumara) was released from custody. The other three persons remain in custody
to date.
Meanwhile, Mahesh informed his parents of the brutal treatment he was subjected to by the policemen before arriving at the police station. He explained that he had screamed out in pain and that he was vomiting blood. On the same day, at about 02:00 a.m. the victim had been taken to Matale District hospital. After examinations and testing the doctors on duty admitted him there in ward number 14.
On the next day (November 14), the police officer who assaulted the victim came to see the parents of the victims and forced them to get Mahesh discharged from the hospital. Further the victim had been intimidated by some police officers in the hospital. On November 15, when the parents of the victim went to the hospital to see their child, they found that he was discharged and later learnt that the wife of the perpetrator, who is a nurse in the Matale hospital, had come with her husband (bearing number 12862) to the hospital and persuaded the hospital authorities to discharge the victim, though he was not fully recovered. The victim is currently admitted to the Kandy General Hospital in ward number 10 where he is receiving treatment for his injuries.
BACKGROUND INFORMATION:
Unfortunately, this is not an isolated case. As reported in previous appeals by the AHRC, custodial torture in Sri Lanka is rampant amongst law enforcement officers in the country (for examples please refer to UA-207-2005, UA-208-2005, UA-204-2005, UA-199-2005). These cases demonstrate the pattern of violence, torture, and the complete break down of rule of law that is occurring in many police stations across Sri Lanka.
SUGGESTED ACTION:
Please send a letter immediately to the Inspector General of Police and the other relevant authorities listed below expressing your concern about the torture and arbitrary arrest of the four persons including one mentally disabled boy. Please urge them to take prompt action in investigating the conduct of the police and to ensure that justice is attained for the victims.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
SRI LANKA: Four persons, including a mentally retarded boy, tortured by Mahawela police
Name of victims: W.G. Mahesh Kumara Samaranayaka, a mentally disabled boy living in no. 147, Galaliyadda, Mhawela, Matale
Three other boys were also allegedly tortured and remain detained at the Mahawela police station
Name of the accused: Police officers attached to the Mahawela police
station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005
I am writing to express my deep concern regarding the alleged incident involving policemen attached to the Mahawela police station torturing four persons including a mentally retarded boy. To my knowledge, this case was one involving arbitrary arrest, torture, maltreatment and deprivation from receiving medical treatment in hospital.
According to the information I have received, on 11 November 2005, W.G. Mahesh Kumara Samaranayaka, who has been taking treatment from birth for his mental disability, left his home for Yatawatta hospital to receive an injection. On his way he met three of his village friends and stopped a while to have a chat with them. Suddenly three civil-dressed police officers bearing numbers 12862, 34897, R34311 came there and arrested them in regards to a theft that had taken place in a nearby village. The victims denied the accusations of theft, stating that they had merely gathered to chat on their way to the hospital. The policemen, ignoring any sort of justification for their gathering proceeded to assault Mahesh and the others with a pole and arrested them for connection with the theft.
On the same day, when the father of the victim heard that his son had been taken to Mahawela police station, he rushed to the station and claimed that his son was innocent and was unable to commit such a crime due to his mental disabilities. Despite the further pleas, the policemen began to beat the boy again in front of his father. Since the father could not bear to see his son beaten, he rushed home and sent his wife (the mother of the victim) to he police station. She was able to convince the police about her son's innocence at which point the police released Mahesh. The other three persons remain in custody to date.
Meanwhile, Mahesh informed his parents of the brutal treatment he received by the policemen before arriving at the police station. He explained that he had screamed out in pain and was vomiting blood throughout the attack. On the same day, at about 02:00 a.m. the victim was taken to Matale District Hospital. After examinations and testing the doctors on duty admitted him there in ward number 14.
On the next day (November 14), the police officer who assaulted the victim came to see the parents of the victims and forced them to get Mahesh Kumara discharged from the hospital. Further the victim had been intimidated by some police officers in the hospital. On November 15, when the parents of the victim went to the hospital to see their child, they found that he was discharged and later learnt that the wife of the perpetrator, who is a nurse in the Matale hospital, had come with her husband (bearing number 12862) to the hospital and persuaded the hospital
authorities to discharge the victim, though he was not yet fully recovered. The victim was admitted to the Kandy General Hospital at ward number 10 to recover from his injuries.
Accordingly, I urge you to take measures to ensure that an independent investigation is conducted into this arbitrary arrest and torture and in particular, I ask you to ensure that immediate legal action be taken against the errant policemen attached to the Mahawela police station. Please also ensure the release of the three other persons still in custody if it is established that there is no evidence against them involving the theft charge. I would request you to arrange necessary medical treatment and costs to any of the victims requiring this. I also request that you ensure the protection and safety of the victims while investigations and any subsequent trial is under way. If the allegations against the police are found to be true, the policemen involved must be indicted for violation of the Convention against Torture Act No. 22 of 1994.
I trust that you will take action in this case.
Sincerely yours,
________________
PLEASE SEND LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. Mr. Ranjith Abeysuriya
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk
4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
5. Prof. Harendra De Silva
Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk
6. Bo Viktor Nylund
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Email: urgent-action@ohchr.org (Attention: Committee on the Rights of the
Child)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
